Government given one year to fix labour legislation that violates constitution

Edmonton –Alberta laws that interfere with the right of public-sector workers to go on strike violate the Canadian Charter of Rights and Freedoms, the Court of Queen’s Bench has ruled.

In a sweeping judgment handed down on Tuesday, and accepted by the Government of Alberta today, Justice Dennis Thomas ruled the blanket prohibitions against strikes and lockouts in Section 96(1)(b) and 96(1)(c) of the Labour Relations Code, and sections of the Public Service Employees Relations Act (PSERA) violate the Canadian Charter of Rights and Freedoms and are not saved by the Charter’s provision allowing reasonable limits as can be demonstrably justified in a free and democratic society.

“Albertans have a right to work together, to look after each other and to stand up for themselves when needed,” Alberta Federation of Labour president Gil McGowan said. “Attacking those rights doesn’t lead to labour peace – it leads to long-term problems. I am very pleased that Justice Thomas in his wisdom has reaffirmed those rights.”

This is the latest in a series of court decisions in Canada that have reaffirmed the fact that the right to free association includes the right to bargain collectively, and to engage in collective work action. In his decision, Justice Thomas cited the Supreme Court of Canada’s Jan. 30 decision in Saskatchewan Federation of Labour v. Saskatchewan, which saw the country’s top court strike down a Saskatchewan law that prevented public-sector employees from striking.”

Reckless PC spending cuts will make oil downturn worse for Albertans

Edmonton – The nine per cent budget cuts proposed by finance minister Robin Campbell and Premier Jim Prentice will plunge Alberta into a downward economic spiral, harm Albertans who rely on public services, and further threaten to push Alberta toward recession.

On Wednesday, February 11, the finance minister joined Premier Jim Prentice in a press conference updating Albertans on their plan to tackle government deficits caused by low oil prices and an irresponsible tax system. In the conference, the premier cited the languishing price of oil as a pretext for austerity measures and spending cuts.

“Jim Prentice has an opportunity here to show some leadership and political courage. Today’s press conference is an indication that he isn’t going to take that opportunity. This is terrible news for all Albertans,” Alberta Federation of Labour president Gil McGowan said. “The premier knows that we’re facing a possible recessionary period – and every credible economist will tell you that slashing spending at this time will only deepen that recession.”

Despite the Premier saying he has heard that Albertans want a measured and reasoned response to the current fiscal reality, the PC government announced up to a nine per cent cut in government spending across the board. This will mean billions of dollars less each year for the front-line services on which Albertans rely, without addressing the underlying problem that the province’s budgets are too dependent on fluctuating resource revenues.

“When you cut spending this drastically, you put people out of work. When you put more people out of work, they stop spending. And when that many people stop spending, the economy grinds to a halt,” McGowan said. “Unless Premier Prentice can step up and provide leadership on royalties and taxes, Alberta could be heading for some very dark times.”

AFL to help inform voters about differences between candidates stance on controversial guest-worker program

FORT MCURRAY–Fort McMurray-Athabasca voters will examine the Temporary Foreign Worker program at a forum on Monday, June 16.

At an event organized by the Alberta Federation of Labour, residents of Fort McMurray-Athabasca are invited to share their experiences with how the Temporary Foreign Worker Program has affected the economy and the job market in the region. AFL president Gil McGowan will discuss the TFWP as an election issue. All candidates in the upcoming by-election have been invited to attend and are encouraged to come share their thoughts on the controversial program and Fort McMurray-Athabasca's labour challenges.

"The oil sands are ground zero for the use and abuse of the Temporary Foreign Worker program," Alberta Federation of Labour president Gil McGowan said. "It's here that workers, their families, and the community are seeing the biggest impact. It's workers here who have been let go to make room for lower-paid guest workers, and it's here that safety standards are being undermined. So voters here should know what the people who want to represent them in Ottawa plan to do about this program."

The event will be held at the Fort McMurray Legion (9317 Huggard Street) at 7:00 p.m. on Monday, June 16. The event will be an opportunity for voters to learn more about the problems with the Temporary Foreign Worker Program and to ask questions about what can be done.

"The resignation of the sitting MP has given voters here a unique opportunity to send a message to Ottawa that this program needs to be shut down," McGowan said. "By holding this forum, we're trying to educate voters about what can be done on this issue. This by-election can be a referendum on the Temporary Foreign Worker program."

Over the past decade, the Temporary Foreign Worker program has ballooned, going from fewer than 200,000 when the Conservatives took power in 2006, to more than 350,000 today. Most of the growth of the program has been in the oil sector and in low-wage jobs. Alberta has the highest per-capita use of the Temporary Foreign Worker program, with more than 85,000 working in the province.

“Fort McMurray is the beating heart of Alberta’s economy, so what happens here affects the entire province — and the entire country,” McGowan said. “If the workers here send a clear message that this program is not in the best interests of Fort McMurray-Athabasca, then the power brokers in Ottawa will have to admit the program is not in the best interests of Canada.”

"People would have been very unlikely to put in that time and effort," he said. "Now it's real easy and we think it's in a much more usable format."

However, Fawcett cautioned against taking the list at face value.

"It doesn't necessarily mean that it's an employer with a poor safety record. It is a real assessment of what injury rates, disabling rates occurred that year."

In terms of significant on-the-job injuries, Weisse Johnson was one of top 10 offenders in 2012 – something the company's co-owner feels is misleading.

"Almost all of our injuries are related to cuts and the odd twisted ankle carrying product in and out of houses," said Dennis Johnson.

However, he said the company has never had a serious injury.

"It's a little disheartening because people might get in their minds that we're a bad company to work for and that we don't work for their safety," he said. "Safety is one of our core values here at Weiss Johnson.

While McGowan is pleased the information is out there, he hopes the government uses it to inspect and investigate employers with the highest rates of death and injury.

"The real test is whether or not the government will use this information to actually force employers to clean up their acts when it comes to workplace health and safety."

The site covers the period from 2008 to 2012, the most recent information available. Fawcett says the government is looking at updating the site.

“Government shouldn't be in the business of helping employers keep wages low,” says AFL

EDMONTON – An audit of the Temporary Foreign Worker program (TFWP) reveals that thousands of employers are being allowed to break the rules set up to stop employers from using TFWs to drive down wages.

The audit, conducted by the Alberta Federation of Labour, compared Statistics Canada’s prevailing regional wage rates to the approved wage rates from the approved applications of employers seeking to bring in Temporary Foreign Workers. The audit showed that employers were routinely allowed to pay TFWs minimum wage in industries and occupations that are supposed to pay higher rates.

“One of the major ‘fixes’ the Conservatives are suggesting to prevent the TFW program from putting Canadians out of work is a ‘wage floor’ for TFWs,” AFL president Gil McGowan said. “The documents show that the Harper government has regularly allowed employers to pay below-market wages, in contravention of the existing rules and all their empty promises. Why should Canadians believe them now?”

The results of the audit are shocking: of the 15,006 employers who were approved to bring in Temporary Foreign Workers, more than 14,500 were offering wages that were lower than what the government says these workers should be paid. The wages were below the prevailing wage rate anywhere from a few cents to $11.45 an hour too low.

“The government shouldn’t be in the business of helping employers keep wages low,” McGowan said. “If an employer is offering minimum wage, they’re clearly not trying very hard to find Canadian workers. I suspect that if they could have paid any less, they wouldn’t have hesitated.”

TFWP regulations give Minister Kenney’s department the power to deny work permits if wages offered a worker in the Program are below prevailing regional wages for that particular occupation.

“The government has the ability – and the duty – to deny these work permits. These applications clearly state the wages that employers are offering, and the government has documentation of the prevailing wage rates,” McGowan said. “The fact that they didn’t bother to cross reference applications to the appropriate wage rates is an abject dereliction of duty. It shows that there is no enforcement of the Temporary Foreign Worker program, and it shows you can’t take it at face value when Minister Jason Kenney’s talks big about a crackdown.”